SCOTLAND'S leading bird charity has argued against plans to use laws to give extra protection to a long list of species.
RSPB Scotland said excessive use of legal powers could make it an offence to cut down a hedge containing an empty nest.
The Scottish Government is considering giving 16 bird species, ranging from the osprey to the kingfisher, extra protection
under the Wildlife and Countryside Act 1981. It could make it an offence to disturb their nests, even when they were empty, or to harass the birds.
But Keith Morton, the species policy officer at RSPB Scotland, said the use of legislation should be limited to those species of birds that really need it, such as the golden eagle.
"We would only expect a small number of species to be added," Mr Morton said.
"We think it's very important not to over-legislate.It would be ridiculously over-protective – if you wanted to remove a hedge in your garden, you couldn't do it if there was a nest in it."
He added: "It's simply a matter of principle that you shouldn't legislate unless there's need to do so."
However, he said it would be beneficial to use legal powers to protect some species, particularly the golden eagle.
"There is quite significant persecution of golden eagles in Scotland and one of the ways you could do it legally was to destroy the nest sites when they were not in use," he said.
And he thinks the harassment rules could help to stop the disruption of roosting sites used by hen harriers.
The Scottish Government is considering adding the golden eagle, osprey, capercaillie, goldeneye, honey buzzard, chough, goshawk, kingfisher, barn owl, hen harrier, red kite, snowy owl, marsh harrier, merlin and peregrine falcon to schedules 1a and a1 of the Wildlife and Countryside Act 1981.
The legislation was amended under the Nature Conservation Act 2004 but so far it has only been used for one bird, the sea eagle.
The Scottish Government said in its consultation document that it wanted to add at least the golden eagle and osprey.
But Mr Morton said although the golden eagle was a "no-brainer", he was not so sure about the need to include the osprey.
A spokesman for the Scottish Government said: "The reason for having that full list on there is to allow us to consult with different organisations about the species and then eventually come up with the right list."
He added: "Now that we have the legislation in place, it's important that we use it… The consultation is a response to pressure from outside the government to do so."
